906
THE NEW ZEALAND GAZETTE.
[No. 40

SECOND SCHEDULE.
TERMS AND CONDITIONS OF LEASE.

1. THE land enumerated above is first-class land, and is open for selection as village-homestead allotments on lease in perpetuity under the provisions of “The Land Act, 1892” (hereinafter referred to as “the said Act”).

2. The day on which the land shall be open for selection shall be Tuesday, the 26th day of June, 1900;

3. The rentals stated shall be the prices at which the land shall be open for selection.

4. Applications for leases shall be made in manner as provided in Part I. of the said Act, and all such applications shall be made to the Commissioner of Crown Lands, Wellington; and leases will be issued in accordance with the provisions of Part I. aforesaid.

5. Each applicant shall state his or her residence, occupation, and condition in life (namely, whether married or single), and will be required to make the declaration prescribed in Schedule C to the said Act.

6. The successful applicants shall pay the first half-year’s rent, together with the lease- and registration-fee, and the valuation for improvements, immediately the applications have been approved or declared successful at the ballot.

7. All rents must be paid half-yearly, in advance, on the 1st days of January and July in each year, as provided in section 157 of the said Act; and the first half-year’s rent is payable as before provided.

8. Improvements and residence on the land comprised in each lease shall be as provided in Part III. of the said Act. The provisions of section 144, and all other provisions of the said Act with respect to substantial improvements, shall apply accordingly to the lessees under these regulations. The provisions of section 141, and all other provisions of the said Act in respect of compulsory residence, shall apply accordingly to the lessees under these regulations.

9. No lessee shall subdivide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part I. of the said Act.

10. No lessee shall hold more than one allotment, and such allotment shall be held for his or her sole use and benefit, and not for the use or benefit of any other person whomsoever. No married woman shall be eligible as a selector; but this provision shall not apply to any married woman who may become a transferee under a will or by virtue of an intestacy.

11. All the provisions of the said Act, so far as applicable, shall extend and apply to the land affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the persons whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

ALEX. WILLIS,
Clerk of the Executive Council.

Exempting Native Land from Restrictions.

RANFURLY, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of April, 1900.

Present:

THE HONOURABLE J. G. WARD PRESIDING IN COUNCIL.

WHEREAS by section three of “The Native Land Laws Amendment Act, 1897,” it is enacted that any Native or Natives, whether incorporated or otherwise, owning land under title of any description may convey the same or any defined part thereof by way of trust to the Surveyor-General or the Commissioner of Crown Lands, or to some other fit person appointed by the Governor in Council, upon such terms as to sale, leasing, mortgaging, improving, and raising money upon the same as may be agreed upon between the parties or may be declared by the Governor in Council:

And whereas Hoeroa Tiopira, of Utiku, in the Provincial District of Wellington, in the Colony of New Zealand, is desirous of conveying all that piece or parcel of land, situate in the Provincial District of Hawke’s Bay, known as “Pukehamoamoa A,” containing seven hundred and forty-two acres two roods, more or less, being the whole of the land comprised in a partition order of the Native Land Court, dated the seventeenth day of December, one thousand eight hundred and ninety-seven, in favour of the said Hoeroa Tiopira to Eric Charles Gold Smith, Commissioner of Crown Lands for the Hawke’s Bay Provincial District, upon the terms as to leasing and managing the same, and the other terms and trusts, which have been agreed upon between the said Hoeroa Tiopira and the said Eric Charles Gold Smith, and are embodied in a declaration of trust about to be executed by the said Eric Charles Gold Smith, setting out and defining the trusts upon which the said piece or parcel of land is held by him:

And whereas by section five of “The Native Land Laws Amendment Act, 1897,” it is enacted that, for the purpose of giving full effect to sections three, four, and five of the said Act, the Governor in Council may exempt any land from all or any of the restrictions, limitations, or provisions of “The Native Land Court Act, 1894,” or any other Act affecting Native lands or lands owned or held by Natives, and it is desirable that the said piece of land should be exempt from the restrictions, limitations, and provisions of the Acts hereinafter mentioned as hereafter appears:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities conferred upon him by “The Native Land Laws Amendment Act, 1897,” and of all other powers and authorities him thereunto enabling, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby exempt the said parcel of land from the following provisions of “The Native Land Court Act, 1894,” “The Native Land Laws Amendment Act, 1895,” and “The Native Land Laws Amendment Act, 1896”—that is to say, sections fifty-three, fifty-four, fifty-five, one hundred and seventeen, and one hundred and eighteen of “The Native Land Court Act, 1894”; sections three, five, six, nine, thirteen, and fourteen of “The Native Land Laws Amendment Act, 1895”; and section twenty-seven of “The Native Land Laws Amendment Act, 1896,” to the intent that the said parcel of land may be vested in the said Eric Charles Gold Smith, and dealt with by him in accordance with the trusts of the said declaration of trust in the same manner as if the said restrictions, limitations, and provisions of the said Acts had never been imposed or had never affected the said parcel of land.

ALEX. WILLIS,
Clerk of the Executive Council.

Excepting Land from Operation of Section 117 of “The Native Land Court Act, 1894.”

RANFURLY, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourth day of May, 1900.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bona fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by section four of “The Native Land Laws Amendment Act, 1895,” and by and with the advice and consent of the Executive Council of the said colony, doth hereby except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” for the purpose of alienation by way of lease, all that block or parcel of land, situate in the Provincial District of Wellington, containing five hundred and thirty acres, more or less, known as Kai Iwi No. 6x, and being the land comprised in a partition order of the Native Land Court, dated the twenty-fifth day of April, one thousand eight hundred and ninety-six, in favour of Paramena Tumahuki.

ALEX. WILLIS,
Clerk of the Executive Council.